Kirsty was on a hen night with friends when she reportedly wandered into the wrong hotel room

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Four British men arrested in connection with the tragic balcony death of newlywed Kirsty Maxwell 'may never be charged', according to indications in a police report.

Kirsty, 28, died after falling 10 floors from the Apartmentos Payma hotel while on a hen do in April.

Mrs Maxwell is said to have wandered into a hotel room where five men were staying.

Spanish judge Ana Isabel Garcia-Galbis was asked to remand four of the men in prison on Wednesday by Kirsty’s family lawyer - but rejected the request saying there was “no new evidence” of the men’s participation in the death of the victim”.

Judge Garcia-Galbis's comments in a two-page internal court document drafted after the Brits’ court appearance in Benidorm earlier this week shows they may never be charged.

Callum Northridge has been questioned over the death of Mrs Maxwell but denies any involvement

Ricky Gammon denies any involvement in the death of Mrs Maxwell

An initial police report on hen do reveller Kirsty’s April 29 death fall from her Benidorm holiday apartment places a fifth man Joseph Graham, who was quizzed in court after her death, at the spot she plunged from because an untouched cigarette like the ones he smoked was found on the floor.

The report also says Joseph Graham had taken so much cocaine before Kirsty walked into their tenth-floor apartment by mistake that his nose was bleeding.

Mr Graham has not been charged with any crime but remains under investigation.

Police conclude in the 39-page report that Kirsty panicked after finding herself in the wrong flat and probably tried to jump into the swimming pool ten floors below after an alcohol binge because she thought it was her “only escape route.”

It claims Mr Graham “in his state of drunkenness and under the effects of cocaine, probably said something obscene to Kirsty and/or approached her in a way which made her feel seriously intimidated."

The £49,000-a-year Amazon worker, from Nottingham, has protested his innocence.

Mr Graham has not been charged with any crime but remains under investigation (Image: Facebook)

All four men questioned in court on Wednesday have angrily denied any involvement in Kirsty’s death.

They said in a statement on Friday: “This was a tragic accident and we categorically deny any involvement in this unfortunate incident.

“It goes without saying that our deepest sympathy goes out to Kirsty’s family and our thoughts are with them at this terrible time.

“We have had our names dragged through the mud and used and in a derogatory manner throughout this process through no fault of our own.

”The statement added: “The opinion of the judge is that this was an accident."

The judge has yet to make a final recommendation on whether any of the men should be prosecuted and Kirsty’s family's lawyer Luis Miguel Zumaquero has insisted his fight to make sure they are put on trial will continue.

Kirsty Maxwell her husband Adam Maxwell (Image: Daily Record WS)

The Apartamentos Payma in Benidorm where Kirsty plunged to her death (Image: Sunday Mirror)

Ana Isabel Garcia-Galbis, appearing to indicate she sees no current basis to prosecute the four men said “no new evidence of the participation of the investigated men in the death of the victim.”

She also highlighted a toxicology report showing Kirsty, from Livingston, West Lothian, had a blood alcohol level of 2.79 grams per litre, putting her more than five times over the Spanish and Scottish drink-drive limit and three and a half times over the limit in England and Wales.

She said the report was compatible with police conclusions that after entering the mens’ apartment by mistake, and “possibly due to her state of alcoholic intoxication and the corpulence of the men who were inside, she entered into panic, disorientated, finding the only escape route to be the sliding balcony door which was partially open, leaning over and jumping perhaps with the intention of falling into the water.”

Confirming the only injuries Kirsty suffered were those consistent with her fall, and none of the Brits in the apartment had any marks or injuries consistent with a struggle, she added: “If we add to that the fact that the men under investigation have come from their homes in the United Kingdom to give statements in court, we can appreciate that they pose no flight risk."

The five British men’s defence lawyer Roberto Sanchez has said in response to the police report: “No-one is disputing the fact Joseph Graham took cocaine or had been drinking before Kirsty Maxwell walked into that apartment.

Kirsty had tied the knot with her husband just months before

A police report stated Kirsty may have been attempting to jump into the pool (Image: Sunday Mirror)

“The fact a cigarette of the type he smokes was by the balcony she went over doesn’t incriminate him in any way. Who’s to say he wasn’t about to smoke it by the window when she walked through the door unexpectedly!!

"The police sent a report in the early stages of this investigation which is being led by an investigating judge who is very much in charge of this probe and has received a wealth of information and other witness testimony since that report.

“That information includes a report showing Kirsty’s fingerprints were on the bathroom window which proves my client was telling the truth about what she did in the apartment as well as a toxicology report showing she had drunk an amount of alcohol which can lead to hallucinations.”

He added: “My clients were the ones who sounded the alarm so the police and other emergency services could be called.

“The police separated all the remaining men in that room as soon as they arrived before asking them to make statements.”

Mr Zumaquero, who is acting for Kirsty’s grieving husband Adam Maxwell and her parents, admitted on Wednesday he was disappointed at the judge’s decision not to remand the four men in jail but insisted the “fight for justice” would continue.

He added after the court hearing: “Today’s hearing was scheduled so they could clarify their role in what happened.

“For reasons I am not aware of, they haven’t wanted to answer my questions.“I wanted them remanded in prison because their only link with Spain was that they were here on holiday when Kirsty died.“How can we be sure they will return voluntarily in the future?”